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Environmental Searches and Due Diligence

27th June 2012

For your protection and the protection of your lender, we recommend that you undertake an environmental search on all residential property transactions. This meets the requirements of The Law Society Warning Card.

Environmental searches examine whether the property maybe situated on or near land that could be contaminated by, for example, past industrial processes or waste disposal. The purpose of this is to try to ensure that any current and potential contamination risks are identified prior to purchase because the buyer of the property could be responsible for costs for cleaning up the site in the future.

Law Society – Warning – To All Solicitors – Contaminated Land Liabilities
Under Part 2A of the Environmental Protection Act 1990, Local Authorities have a duty to inspect their land from time to time. This means that they may gather information at a later date, which may lead them to alter their decision on whether the land can be classed as contaminated. We recommend that for additional protection insurance cover be obtained.

The advice contained on this Card is not intended to be a professional requirement for solicitors. Solicitors should be aware of the requirements of Part 2A of the Environmental Protection Act 1990 but they themselves cannot provide their clients with conclusive answers. They must exercise their professional judgement to determine the applicability of this advice to each matter in which they are involved and, where necessary, they should suggest to the client obtaining specialist advice. In the view of the Law Society the advice contained in this Card conforms to current best practice.

Solicitors should be aware that environmental liabilities may arise and consider what further enquiries and specialist assistance the client should be advised to obtain.

In every transaction you must consider whether contamination is an issue.

Environmental Searches and Due Diligence
Our environmental searches fulfil the requirements of Part 2A of the Environmental Protection Act 1990 by ensuring that environmental risks are identified. They minimise your liabilities, demonstrate due diligence in the conveyancing process and protects the value and saleability of your client’s home and the well-being of their family.

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